General Terms and Conditions
General Terms and Conditions of the Label Collective Group (and affiliated companies such as Zolemba B.V.), hereinafter referred to as Zolemba.
Version September 2020
ARTICLE 1 - Applicability
These general terms and conditions apply to every offer made by Zolemba and to every distance contract concluded between Zolemba and the Customer. (Only) where mandatory (consumer) law provisions so require, those mandatory provisions will supersede the provisions below.
ARTICLE 2 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. If Zolemba uses images, these are - to the best of Zolemba's knowledge - a faithful representation of the products and/or services offered. However, Zolemba does not give any warranty or accept any liability for this.
ARTICLE 3 - The agreement
The agreement is concluded at the moment the Customer accepts the offer on the Zolemba site and after meeting the conditions attached to it.
Zolemba may - within the limits of the law - inquire whether the Client is able to meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, Zolemba has good grounds not to enter into the agreement, it shall be entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
Zolemba shall accompany the product or service to the Client with the following information, in writing or in such a way that it can be stored by the Client in an accessible manner on a durable data carrier:
a. the visiting address of Zolemba's branch office to which the Customer can turn with complaints;
b. the conditions under which and the manner in which the Customer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
ARTICLE 4 - Right of withdrawal Consumers
Upon delivery of products:
When purchasing products, the Customer, if he is a Consumer, has the possibility to dissolve the agreement without giving reasons for a maximum of fourteen days. This period commences on the day after receipt of the product by or on behalf of the Customer.
During this period, the Customer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to Zolemba, in accordance with the reasonable and clear instructions provided by Zolemba.
In case of delivery of services:
Upon delivery of services, the Client has the option to dissolve the agreement without giving reasons for a maximum of fourteen days, commencing on the day of entering into the agreement.
In order to exercise its right of withdrawal, the Client shall comply with the reasonable and clear instructions provided by Zolemba at the time of the offer and/or at the latest upon delivery.
ARTICLE 5 - Costs in case of revocation
If the Customer makes use of his right of withdrawal, he shall in any case bear the costs of returning the goods.
If the Customer has paid an amount, Zolemba will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 6 - Exclusion of the right of withdrawal (insofar as mandatory consumer law rules do not provide otherwise)
Exclusion of the right of withdrawal applies to those products:
a. that have been created by Zolemba in accordance with the specifications of the Client;
b. which are clearly of a personal nature;
c. which, due to their nature, cannot be returned or are no longer in a new condition as a result of any damage;
ARTICLE 7 - Conformity, Warranty and Liability
Zolemba guarantees that the products and/or services largely comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. Any liability of Zolemba is limited to 3 times the amount of the Purchase Price of the product or service purchased, but in any case to an amount of € 1,000. Consequential damages are completely excluded. Damages for which exclusion is not (completely) possible are covered by Zolemba's insurance, which limits the amount of that liability to the amount covered by Zolemba's insurance (minus deductible).
ARTICLE 8 - Delivery and execution
Zolemba will take the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery is the address of Zolemba.
If delivery is delayed, or if an order cannot be carried out or can only be carried out in part (always with an overrun of at least 50%), the Client shall receive notification of this no later than one month after the order has been placed. In that case, the Customer shall only have the right to dissolve the agreement free of charge and shall be entitled to any additional compensation under application of the limitations of liability set out in article 7.
In the event of dissolution in accordance with the previous paragraph, Zolemba will refund the amount paid by the Client as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product turns out to be impossible, Zolemba will make every effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded.
The risk of damage and/or loss of products rests with the Customer up to and including the moment of delivery to the Customer, unless expressly agreed otherwise or prohibited by mandatory law.
ARTICLE 9 - Disputes
Agreements between Zolemba and the Customer to which these general terms and conditions relate shall be governed exclusively by Dutch law (to the exclusion of international treaties) and the District Court of Overijssel shall have exclusive jurisdiction to hear any disputes.